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MILLS v. BIRMINGHAM BOARD OF EDUCATION

No. 71-1116.

449 F.2d 902 (1971)

Betty B. MILLS and MacDonald Gallion ex rel. the State of Alabama, Plaintiff-Appellant, v. BIRMINGHAM BOARD OF EDUCATION, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 8, 1971.

Attorney(s) appearing for the Case

Hugh A. Locke, Jr., Palmer W. Norris, Birmingham, Ala., for plaintiff-appellant.

Reid B. Barnes, William G. Somerville, Jr., C. John Holditch, Lange, Simpson, Robinson & Somerville, Birmingham, Ala., for appellees.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 8, 1971.

PER CURIAM:

The order appealed from dismissed this action on the pleadings without a trial. While in bulk it was correct and is affirmed, we must vacate one portion and remand the cause so that the plaintiffs may have the opportunity to adduce hard evidence to support the broad allegations of paragraph 6 of the complaint.*

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